As an adult sister-how to get legal custody of 9 year old brother?

March 21, 2010 admin 5 comments

I’m 23 & have been living on my own and supporting myself since I was 17 years old & I’m doing pretty well.
My mother has always been an extremely abusive alcoholic and when I was a minor she severly physically, mentally, and emotionally abused me. I have a 9 year old half-brother who lives with her(neither of our fathers are in the picture).She doesnt physically abuse him but she neglects him and emotionally abuses him. She is drunk since the early morning sometimes and he is terribly afriad of her and wants to live with me.However, she has a nice home,a car, & makes sure he always has food and clothes.Its more about the fear and lonliness she makes him feel. I want to try to take her to family court to get custody but do I have a case here?The home he lives in is fit and she is able to hide her alcoholism very well and not drink for days at a time, sometimes even weeks.But it always comes back worse then ever. Would I be able to prove she is unfit? Anyone that knows law,please help.

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Written by lilbabyadam about 2 years ago.

Do you live in the UK, US or somewhere else?
Written by some_what_blonde29 about 2 years ago.

you could prove she is unfir by having your brother tell the court what she does as proff…im sure they will understand no child should have to feel like that
Written by zootsuit68 about 2 years ago.

truthfully any court woudl see this as an attack on your mother not an attempt to protect the boy, you would need to call childrens services and get them involved , and yes they would have to actually see the problem and they would have to give her a chance to correct her drinking problem and all, it will be years before you could or would get custody BUT , she would be watched , and be getting help, not the end you want BUT the solution that will work
Written by Maryn Bittner about 2 years ago.

You don’t want to take legal advice from us online bozos with good intentions. You want to hire a real attorney specializing in family law.

To find an attorney, you can call your local (county) Bar Association, which will give you the names of attorneys in your area who are accepting clients. They will not recommend anyone over someone else. You can also check two websites.

http://findlaw.com lets you indicate the general area of your legal issue and your location, by city or zipcode, then produces a list of attorneys. There’s also an option to submit your legal issue and location plus contact information, and any attorney interested in the case will get in touch with you. There’s no guarantee any will be interested, of course.

http://www.martindale.com/ is also a site for finding attorneys where you are located who handle your type of case. It purportedly rates the attorneys, too. However, within the legal community the ratings are considered more an indicator of hourly fee than of competence. Any attorney who’s been rated at all, even not very highly, should represent you well. Those who are unrated may lack experience.

If you can’t afford an attorney, then you probably can’t really meet the financial needs of raising this boy. That’s a hard truth. What you can do, if that’s the case, is find housing very near your mother’s home and encourage him to spend a great deal of his waking hours there. Consider adding a daybed for the occasional sleepover.

That close, you can be the one who makes sure he does his homework, attends his school events, packs his lunch. Your place can be more like home than his actual home is.
Written by J. Jude about 2 years ago.

I recommend you call either a private family law attorney in your area (call bar assoc. for referrals) OR the office of child services- through your District Attorney’s Office and ask for child/family services. You will need to file a petition for temporary custody. A hearing will be set where both sides will be heard. Good luck. The criteria is always “What is in the best interest of the child?”

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As an adult sister-how to get legal custody of 9 year old brother?

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